Policy Positions and Statements Archives

But business group holds out hope on promising efforts by major groups of countries

Buenos Aires and New York, December 13, 2017 – The United States Council for International Business (USCIB), which represents America’s most successful global companies, expressed disappointment at the lack of meaningful multilateral progress at the World Trade Organization ministerial that concluded today. But it said that potential new group efforts on electronic commerce and other issues offered some limited hope for the future.

“Expectations for Buenos Aires were low coming in, and unfortunately the results largely lived up to them,” said USCIB President and CEO Peter M. Robinson, who represented USCIB at the ministerial. “The business community, which relies on cross-border trade and investment to help contribute to economic growth and societal well-being around the world, is disappointed. But we do hold out some hope for future progress based on the commitment by large groups of countries in pursuing new agreements.”

On the sidelines of the ministerial, 70 countries, led by Australia, Japan, and Singapore, and including the United States and the European Union, agreed to begin discussions toward negotiations on electronic commerce. USCIB joined the International Chamber of Commerce (ICC), for which it serves as the American national committee, in welcoming the move.

“Today’s statement is a very welcome step forward by governments representing 77 percent of global trade,” said ICC Secretary General John Danilovich. “We firmly believe that with the right global policies in place there is an opportunity to unleash a new era of inclusive trade, one in which all companies – regardless of size, sector or location – can benefit from equal access to the global trading system.”

Separately, ministers from over 60 countries issued a joint statement pledging to pursue negotiations on domestic regulations that limit cross-border trade in services. They also renewed a landmark 1998 moratorium on duties on electronic transmissions.

“Taken together, these results offer some hope for the future, and set a new and positive direction for the WTO,” said Robinson. “We are especially grateful for the persistence and vision of those members that pushed for continued positive movement on e-commerce.”

Robinson continued: “However, the lack of truly meaningful multilateral deliverables is worrisome. Members will need to think long and hard about what kind of WTO they really want – one that simply adjudicates trade disputes and sanctions trade enforcement remedies, or one that expands trade through new, market-opening agreements.”

About USCIB:USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world, generating $5 trillion in annual revenues and employing over 11 million people worldwide. As the U.S. affiliate of several leading international business organizations, including ICC, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More information is available at www.uscib.org.

The UN Environment Assembly (UNEA), the highest level policy making forum on environment in the UN system, opened its 3rd session under the auspices of the UN Environment Programme (UNEP or UN Environment) on December 4 in Nairobi, Kenya. Environment Ministers from over 60 countries and delegates from all UN member states are gathered to refocus UN system environmental policy towards combatting pollution and its impacts.

The overall theme of this session is, “Towards a Pollution Free Planet,” and governments are considering decisions to limit plastic debris in oceans, increase cooperation on air pollution and more closely link environment and health policies, with an emphasis on the “precautionary principle.” Responding to numerous statements welcoming business involvement at UNEA3 and encouraging greater involvement by business at future UNEA meetings by UN officials and government representatives, USCIB Vice President for Strategic International Engagement, Energy and Environment Norine Kennedy stated, “U.S. business is attending this meeting to keep the focus on infrastructure, alignment with SDGs and enabling frameworks for private sector innovation and investment, and is keen to keep this fruitful dialogue and partnership going.”

USCIB and its members have led the U.S business presence at this session, working closely with the American Chemistry Council, American Plastics Council and Croplife, among others. USCIB took part in the first ever Science-Policy-Business Forum, and organized for the first time a Global Business Symposium at UNEA with the Global Business Alliance for Environment. The President of the UN General Assembly, Miroslav Lascak welcomed the business initiative, stating that “Businesses are critical to achieving sustainable development.”

In his presentation at the Business Symposium, Erick Omollo Juma, Novozymes, drew attention to how his accompany is pursuing opportunities to link cooperative implementation of the Sustainable Development Goals and environmental protection through business action.

Commenting on the examples of business initiatives to reduce risks from pollution during the Business Symposium, Walker Smith, director of global affairs and policy, U.S. Environment Protection Agency (EPA), recognized efforts by USCIB members, including the Walt Disney Company, the Coca-Cola Company, Dow Chemical, IBM and Procter & Gamble, to reduce food and plastic waste, and eliminate lead in paint. USCIB has worked closely with the U.S, Department of State, EPA and NOAA representatives attending these meetings to reflect U.S. business views and achievements.

As part of her statement on behalf of the Business and Industry Major Group at the UNEA3 Opening Plenary Kennedy stated, “We need tailored specific responses to each source of pollution, reflecting economic and social circumstances. Business emphasizes the importance of building national capacity and infrastructure to address pollution through sound regulation and management, stimulating innovation and seeking pragmatic policy options and partnerships.”

On partnerships, Kennedy noted, “Business in its diversity is a critical part of solutions and investment, and is ready to work with governments and other stakeholders to act on UNEA outcomes to reduce pollution and associated risks – let’s identify practical solutions and policies and get to work.”

USCIB will present and discuss outcomes and next steps from UNEA3 at its next Environment Committee meeting on December 15 in Washington DC.

By Peter M. Robinson
President and CEO
United States Council for International Business

“We live in a complex world. The United Nations cannot succeed alone. Partnership must continue to be at the heart of our strategy. We should have the humility to acknowledge the essential role of other actors, while maintaining full awareness of our unique convening power.”

-Antonio Guterres, UN Secretary General

The 72nd United Nations General Assembly (UNGA) gets under way this week at a time of stresses and strains in the international community. The nature of these stresses is particularly acute for the U.S. business community: a growing need for financing and investment in infrastructure, the open trading system called into question, and calls by some for a retreat from engagement in multilateral forums. How does American business plan for these challenges, and where can we make the biggest difference?

For USCIB and its members, an important place to start tackling these questions is the UN’s 2030 Development Agenda and its 17 Sustainable Development Goals (SDGs), a framework that will be at the center of this week of high-level meetings, also known as Global Goals Week.

In the face of challenges such as unemployment, climate change and population growth around the world, USCIB believes we have to pursue the SDGs as “must-wins” for the United States and for the American business community. We know that economic growth abroad helps create jobs at home. Open markets and policies that foster private investment offers new markets for our products. Innovation aimed at improved sustainability give the U.S. a leg-up in global competition while advancing investment in energy sources and new technologies to combat climate change.

That is why, this week, USCIB is holding a series of discussions on the margins of the UNGA to cultivate the “ingredients for impact” to catalyze business contributions to the SDGs. We are doing this under the theme, “Business Makes It Happen,” because we believe that, without strong commitment and incentives for the private sector, we won’t be able to achieve the Global Goals.

USCIB supports multilateral solutions to global challenges, with business constructively involved. We rely on solid, long-term dialogue and a close working relationship with both our government and the UN system to advance U.S. business contributions to sustainable development, delivering economic benefits at home and abroad. When it comes to what business depends on to succeed, thrive and lift the American economy, we look to Washington, D.C., and to the United Nations. We depend on both, and that is why USCIB has chosen to step forward as a U.S. business organization, working closely with our partners in the U.S. government as UNGA gets underway.

The Three I’s

The 2030 Agenda provides a blueprint for action that enjoys wide business and government support. But there are still three broad challenges in terms of implementation by business – inclusiveness, innovation and information.

Information: While there is more and better information available from companies on SDG action, we are overwhelmed with the quantity of data, and so we – business, governments — don’t know where to begin to understand or prioritize action. We have too much information and not enough analysis. The business community needs to develop ways to present its progress that are accessible and relevant for the international community and national governments.

Innovation, which is the best source of solutions for sustainability, still faces obstacles due to a lack of proper incentives for researchers, inventors and investors. The UN must do better in creating a fully welcoming environment and institutional framework for technology innovation that is genuinely involving business experts.

Inclusiveness: A basic tenet of the Agenda for 2030 is that no one is left behind. That suggests that everyone needs to be involved to deliver solutions. Yet in some UN forums, the private sector is still not regarded as a full partner in the effort. At times, there are still political sensitivities when business wants to come to the table, or even just listen in on policy deliberations. Clearly, we in business need to do more to demonstrate commitment and deliver actual results.

Statements by both United Nations Secretary General Antonio Guterres and President of the General Assembly MiroslavLajčák suggest that, under their leadership in the UNGA this year, we could see progress towards a more inclusive and transparent framework to involve the business community across the board. USCIB would endorse and welcome such a development.

By their very nature, many of the SDGs depend on partnerships to be implemented, and we regard business as indispensable in collaborative action to deliver the SDGs. On its 2nd anniversary, the USCIB web platform, Business for 2030, now showcases 200 initiatives from 52 companies, in over 150 countries, covering 85 of the 169 SDG targets. These encompass both philanthropic and corporate responsibility initiatives as well as core business operations that all contribute to achieving one or more of the 17 SDG targets.

Progress has been made, as witnessed by the strong response to this year’s SDG Business Forum on the margins of last July’s High-Level Political Forum – it literally filled the UN’s largest room, the General Assembly Hall. Governments and the UN have to continue to create those new kinds of spaces in which that exchange on policy and practice can occur substantively and with good governance.

With our affiliations to leading global business organizations embedded in the UN system, the International Chamber of Commerce (ICC) and the International Organization of Employers (IOE), we have been fortunate to be on the front lines of the collaborative discussions that brought forward the SDGs, and to foster recognized opportunities for the private sector to cooperate with the UN. The process of multilateralism does move slowly, demanding investment of time and effort, but the rewards are outcomes in which business is invested and knows what to expect.

It is already clear to USCIB that one element of success towards efficiency and effectiveness in the reform of the UN is to create the most open and inclusive institutional structures to consult with representative business bodies, and then to recognize and include those inputs. We have seen time and again how the ILO, the OECD and other inter-governmental forums have demonstrated that including business in a recognized manner is a value add because it is brings on board those societal partners that invest, innovate and implement.

At USCIB, we are more convinced than ever that a more open and accountable policy dialogue, with recognized involvement of representative business groups, is a fundamental element of good governance (which is in fact the aim of SDG16), and will deliver real results. By and large, UN bodies are involving business in more substantive ways, and we are looking forward to this year’s UNGA to keep that discussion going, particularly in the context of UN reform.

In his report laying out his vision of UN reform, Secretary General Guterres presents eight big ideas for reform of the UN system. At the heart of those are the 17 big commitments which the global community made in 2015: the SDGs. Our main goal this week is to join the international dialogues and offer ways to make those big ideas a reality for, and with, U.S. business.

Throughout the negotiations leading to the SDGs, and now in the period of their execution, we have underscored the need for business to be embedded in the process. This is necessary to leverage all the resources that the private sector can provide through investment, innovation and know-how. With dialogue and the right mix of incentives, business really can make it happen and we will be working throughout this year’s UNGA to continue the evolution towards collaborative and impactful SDG partnerships with business.

On the occasion of the first joint review of the EU-U.S. Privacy Shield Framework, USCIB reaffirmed support for the Framework and issued a statement underscoring its importance in ensuring continued robust and reliable transatlantic data flows, which have proved vital for healthy U.S.-EU commercial relations.

In just one year, nearly 2,500 U.S. business entities have self-certified with the Department of Commerce and publicly committed to comply with the Framework requirements – with many of them already in the process of re-certifying.

“This impressive ‘track record’ substantiates our view that many U.S. companies see the potential of the Framework to provide greater legal certainty and consumer confidence in data transfers,” said Barbara Wanner, USCIB’s vice president for ICT policy. “In the longer term, this will promote commercial activities and investments yielding increased economic and societal benefits on both sides of the Atlantic,” she added.

USCIB highlighted three important points for consideration in the Annual Review: (1) the Framework is realizing stronger personal data protections; (2) the Framework is serving as an effective mechanism for certification by Small and Medium Enterprises (SMEs); and (3) the longevity of the Framework remains important.

USCIB filed comments with the International Telecommunications Union (ITU) last week as part of the agency’s public consultation on policy considerations for “over the top” services, urging the ITU to avoid expanding its jurisdiction to include Internet-related issues. The public policy aspects of OTT services have been identified as a priority by several governments in the ITU. The U.S. government considers OTT services to offer a range of economic benefits, including increased consumer choice, increased use of underlying networks, and contributions to further innovation and investment. However, other countries view OTT services as adjuncts to traditional telecommunications services, and should therefore be subject to regulation.

USCIB’s comments emphasized the importance of staying true to the ITU’s primarily technical mission in developing international telecommunication standards and allocating spectrum, and not expanding the ITU’s work program to include Internet-related issues that are well beyond its remit, core competencies, and budgetary resources. Such issues are most effectively addressed in multistakeholder forums, where policy is holistically and expertly informed by consultations among business, civil society, the technical community, and government, USCIB stated. USCIB further highlighted the promise of innovative online services and applications for economic, developmental, and societal benefits, which will help to realize many of the UN Sustainable Development Goals.

“An enabling environment for continued innovation and investment in these services is crucial,” noted USCIB Vice President Barbara Wanner. “In this regard, market-driven solutions and voluntary, industry-led standards best ensure a healthy digital ecosystem,” she said.

The ITU will consider contributions from USCIB and others at a face-to-face open consultation, which will be held in Geneva on September 18, 2017.

USCIB joined 107 other associations in a letter sent on August 8 to United States Trade Representative Robert E. Lighthizer and four other cabinet-level officials in the administration highlighting the importance of a strong investment chapter in the North America Free Trade Agreement (NAFTA). The letter emphasized the need for strong enforcement provisions via an investor-state dispute settlement (ISDS) system with independent expert arbiters. The letter also offered six specific suggested changes to strengthen the current investment chapter in the NAFTA modernization negotiation set to begin August 16 in Washington.

“These provisions are highly valuable and have already helped many U.S. businesses that have faced the seizure, theft and mistreatment of investments in both Canada and Mexico. ISDS in the NAFTA has been highly beneficial to the United States,” the letter notes.

Investment, including Foreign Direct Investment, is key to driving economic growth, competitiveness, exports and jobs. Strong investment agreements, including ISDS arbitration provisions are key to effective enforcement. The investment chapter will likely be a focus in the NAFTA update negotiations.

“We were delighted to have several USCIB member sectoral associations join us in signing the letter along with a broad coalition of national and state business groups,” said Shaun Donnelly, USCIB’s vice president for trade and financial services.

USCIB is among approximately 90 American business and industry associations to have signed a letter to Senate Majority Leader Mitch McConnell and Senate Minority Leader Charles Schumer, urging the Senate to take expeditious steps to ensure the timely confirmation of qualified pending nominees to administration positions.

“The slow pace of confirmations is depriving agencies across the government of critical leadership and in the case of independent agencies, the quorum necessary to conduct critical business,” reads the letter.

Additionally, it notes: “The breakdown of the confirmation process results in a breakdown in the efficient and effective functioning of government and ultimately to a drag on the economy. Workers are sidelined as projects await permits from agencies that lack the quorum necessary to issue the permit. Businesses are left waiting for important administrative decisions that simply cannot be made in the absence of Senate-confirmed officials.”

To date, among President Donald Trump’s 283 executive and judicial nominations, only 67 have been confirmed. Of those 67, only 13 were confirmed by voice vote or unanimous consent, while 37 (55%) were confirmed only after going through the cloture process. By way of comparison, at approximately the same point in President Obama’s first term, the Senate had confirmed 206 nominees, 182 by voice vote or unanimous consent.

The full letter, along with the list of signatories, can be found here.

Washington, D.C., July 17, 2017 – The United States Council for International Business (USCIB), which represents America’s top global companies and helps exporters of all sizes do business across borders, is encouraged that the objectives for modernization of the North American Free Trade Agreement (NAFTA) released by the office of the U.S. Trade Representative (USTR) today cover many of the issues proposed in USCIB’s submission last month. But the group said some of the objectives leave out references to key business priorities such as investor-state dispute settlement (ISDS).

USCIB President and CEO Peter M. Robinson said: “The fact of the matter is that a great many businesses base their success on increasingly seamless integration of the North American trading space. U.S. negotiators need to start from the premise that three-way trade and investment among the NAFTA partners should be enhanced, not restricted. A modernization effort must include strong investment protection provisions, including effective ISDS. We encourage USTR to maintain an intensive dialogue with affected U.S. stakeholders, including business, as they flesh out more detailed objectives, strategies and priorities.”

Last month, USCIB released its priorities for NAFTA modernization, calling on the administration to update the 23 year-old pact to accommodate new realities in global commerce, including the rise of the digital economy, while keeping what works from the original agreement.

USCIB urged the administration to update and strengthen key NAFTA provisions, including the liberalization and protection of investment flows, protection of intellectual property, customs and trade facilitation, regulatory cooperation, and improved agricultural market access. It also recommended tackling new areas not included or anticipated in the original agreement two decades ago, such as the digital provision of goods and services, data localization requirements, and state-owned enterprises.

About USCIB:
USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world. As the U.S. affiliate of several leading international business organizations, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment.

With the Trump administration having served notice of its intention to modernize the North American Free Trade Agreement (NAFTA), USCIB has been advocating for modernization of certain aspects of NAFTA through op-eds, testimonies and meetings. Most recently, USCIB Vice President for Trade and Finance Shaun Donnelly presented USCIB views at the “NAFTA Testimony” hearings held on June 27 at the International Trade Commission (ITC). While held at the ITC, USTR was running the three days of public hearings. Staff from Commerce, State, Treasury, Department of Homeland Security, and Agriculture also sat on the panel and joined in questioning presenters.

Donnelly’s testimony stemmed USCIB’s written submission, which had been developed with member input, focused on NAFTA’s importance to U.S. business and that it should be updated given that it is no longer a “cutting edge” trade agreement. “By all means, update, modernize,” said Donnelly. “But NAFTA does not need a fundamental “root and branch” renegotiation. Give NAFTA a facelift, not a lobotomy,” he emphasized.

Donnelly also highlighted five key messages from USCIB’s written submission:

Update and strengthen customs and trade facilitation provisions; get higher de minimis levels.

Strong investment provisions are essential. Implementation/arbitration through Investor-State Dispute Settlement (ISDS) is essential. ISDS works and it is important for many U.S. investors even in North America; don’t be seduced by criticism from the EU and NGOs about ISDS or the EU’s investment court proposal.

Government Procurement chapter is important and its working. It’s balanced. Don’t rip it up. U.S. firms are selling a lot of goods and services to Canadian and Mexican government entities.

“Do the update quickly, seriously, trilaterally, in transparent manner, based on real issues of concern to the U.S. business community not with a political focus on bilateral trade balances or imposing unilateral trade barriers,” Donnelly concluded. “Work with U.S. business, we want to be partners in this important exercise.”

New York, N.Y., June 1, 2017 – The United States Council for International Business (USCIB), which represents America’s most successful global companies, issued the following statement on U.S. withdrawal from the Paris Climate Agreement:

“Like many others in the U.S. business community, USCIB is disappointed by the news that the Trump administration has elected to leave the Paris Climate Agreement. In our view, this decision could leave U.S. companies unprotected and exposed to possible discrimination under the Paris Agreement if the U.S. government is not at the table.

“The Paris Agreement is redefining global markets for energy and environmental goods and services, as well as providing major economic stimuli for companies. U.S. energy security and access were never threatened by the Paris Agreement, which allows each national government to define its own climate action plan. Moreover, the U.S. stands to benefit from trade and investment opportunities that the Paris Agreement will set in motion.

“We are interested to learn more about how the U.S. will pursue new arrangements while remaining in the UN Framework Convention on Climate Change. While it does so, we encourage the U.S. to stay involved on behalf of U.S. economic interests, and to bring U.S. solutions to this crucial global effort. We encourage the administration to reform areas of the UN climate framework toward more fair, transparent and balanced approaches that are responsive to U.S. circumstances and aspirations.

“USCIB members are committed to advancing sustainable development and environmental solutions through international cooperation, and have supported the UNFCCC and the Paris Agreement since their inception. Multilateral forums and cooperative approaches are the best way to address the transboundary challenges of energy access and innovation, climate change and sustainable development. In close coordination with our global business partners, including the International Chamber of Commerce (ICC) and the Major Economies Business Forum (BizMEF), USCIB will continue to champion U.S. business interests in the UNFCCC, and will seek opportunities to promote U.S. environment and energy solutions through business engagement and implementation, and to broadly deploy climate-friendly investment and innovation.

“USCIB has represented U.S. business interests in the UN climate negotiations for over 25 years, and during that time has benefited from the diligent efforts of U.S. government representatives at the table to advance and defend U.S. business interests, often under challenging conditions. We express thanks to the current U.S. climate negotiating team, and others with whom we have worked, for their extraordinary efforts on our behalf.”

About USCIB:USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world. As the U.S. affiliate of several leading international business organizations, including ICC, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More information is available at www.uscib.org.